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I have a son that is in prison in Florida who I send money…

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I have a son...

I have a son that is in prison in Florida who I send money to on a regular basis for food and other supplies such as underwear, T-shirts, shoes, socks, eye glasses, etc. Can I claim any of this or him as a dependent?

Accountant's Assistant: Have you talked to a tax professional about this?

No

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Not that I am aware of.

Submitted: 4 months ago.Category: Tax
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4/12/2018
Tax Professional: Tax.appeal.168, Tax Accountant replied 4 months ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
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Tax Professional: Tax.appeal.168, Tax Accountant replied 4 months ago

In brief, you cannot claim him as a dependent, as he does not meet the requirements, and as far as the items and money that you send him, in the eyes of the IRS that is considered a gift and is not tax deductible. Below are the requirements for claiming him as a Qualifying Relative:

--------------------

An individual must meet all 4 of these requirements in order to be considered your Qualifying Relative.

  1. Not a Qualifying Child: The individual cannot be your Qualifying Child and cannot be someone else's Qualifying Child. They are a Qualifying Child if they meet all the requirements, whether or not they are claimed as a dependent.
  2. Relationship: The person must either have lived with you for the entire year as a member of the household (a person who is not actually related to you may meet the requirements in this way), orbe related to you in one of the following ways: your child, stepchild, grandchild or other descendant of one of your children (or stepchildren or foster children), son-in-law, daughter-in-law, brother, sister, half brother, half sister, stepbrother, stepsister, brother-in-law, sister-in-law, parent, stepfather, stepmother, father-in-law, mother-in-law, grandparent, and, if related by blood, aunt, uncle, niece, or nephew. Remember that a child whom you legally adopted is always considered to be your child. Also note that, for the purposes of this requirement, divorce or death does not change any relationship which was established by marriage (e.g. son-in-law, daughter-in-law, etc.)
  3. Gross Income: The person must have made less than $4,050 in gross income during 2017.
  4. Support: You must have provided more than half of the individual's total support during the year.

REFERENCE SOURCE:

https://www.efile.com/qualifying-relative-child-friend-parent-dependent-exemption-test/

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Tax Professional: Tax.appeal.168, Tax Accountant replied 4 months ago

You cannot take a tax deduction for money sent to your son in prison -- or sent to anyone else, for that matter. Money, food, clothing, toys, and other items sent to a person is considered a gift, and gifts are not tax deductible. (The only exception to this is when you give money or other items to a qualified charity.

REFERENCE SOURCE:

https://www.thebalance.com/tax-deduction-for-sending-money-to-a-prisoner-3193499

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Tax Professional: Tax.appeal.168, Tax Accountant replied 4 months ago

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